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Business Deal Going Bad?


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#26 SteveLynch

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Posted Yesterday, 22:02

True johnney ,very true indeed ,but I wouldn't enter in to any talks with my land lord or furthermore my landlord whonis a copper ,with out knowing what abprecedent on cases on this would be ,seems the OP is getting advice based on what some peoplenthink is fair ,ie the future profits ,a pretty hard figure to determine as you said your self

I do like the relocating idea and hoping the landlord can help you ,but if that doesn't work I'd rather have some knowledge given by a lawyer or at lest an expert in these issues ,there are good lawyers out there ,if the OP
Needs please PM me I have my lawyer here (not practicing)but works as a consult for a firm in Bkk

#27 SteveLynch

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Posted Yesterday, 22:03

Excuse my typing ,my hand is busted and I'm going Leftie on a iPad

#28 coconutking

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Posted Yesterday, 22:04

View Posttheblether, on Yesterday, 21:54 , said:

View Postcoconutking, on Yesterday, 21:51 , said:

View PostSteveLynch, on Yesterday, 21:45 , said:

I think you should hire a lawyer ,there is a massive difference in what he has offered and what you require to walk away
I don't know enough regarding Thai law on business or contract disputes .
Did you wife give the impression it's his opening bid or he was final with the  key money and the 100k

If it was me and my name wasn't on anything I would probably keep away from the next meeting too ,you seem to be quite anxious that the landlord will target you in some other way ,
Send the wife back to explain his offer isn't enough ,and he will need to up the cash ,I think in most transactions like this there needs to be give and take ,the gap between the two is rather large right now

Steve

I was not given the impression his offer was final.

I'm an anxious person. Being anxious kept me alive through some really, really bad stuff.

I appreciate your thoughts. Thank you.

Let your Thai relatives have a talk among themselves.......you may find a solution coming from an unexpected source.

Chill !!!

Chill. I think you may be right. The wife is with the friends and relatives now. I think I will go about family business. Get the kids bathed and in bed, and look at it in the morning.

I'll post with the outcome. Posted Image

#29 coconutking

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Posted Yesterday, 22:09

View PostSteveLynch, on Yesterday, 22:02 , said:

True johnney ,very true indeed ,but I wouldn't enter in to any talks with my land lord or furthermore my landlord whonis a copper ,with out knowing what abprecedent on cases on this would be ,seems the OP is getting advice based on what some peoplenthink is fair ,ie the future profits ,a pretty hard figure to determine as you said your self

I do like the relocating idea and hoping the landlord can help you ,but if that doesn't work I'd rather have some knowledge given by a lawyer or at lest an expert in these issues ,there are good lawyers out there ,if the OP
Needs please PM me I have my lawyer here (not practicing)but works as a consult for a firm in Bkk

Thanks for the offer Steve, much appreciated. I will certainly contact you should the need arrive.

#30 SteveLynch

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Posted Yesterday, 22:12

Best of luck with this ,sometimes these unexpected things come with a silver lining
Take care

#31 coconutking

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Posted Yesterday, 22:19

View Posttheblether, on Yesterday, 21:43 , said:

View Postcoconutking, on Yesterday, 21:28 , said:

Thank you for your response. My wife met with the landlord, who has offered us the key money back and an extra 100,000 Baht. At this point, we do not have the ability of negotiating with the chain store, which was a dream anyway. We contacted the previous owner, who is a good friend, and a relative who is also a police officer, and asked their opinion of the deal. Everyone said the same thing. “Tell this guy you want your profit money for the extent of the contract, plus key money.” That would be about 3.1 million Baht. He is currently offering 400,000 Baht. You can now see a bit of a pinch with us. The police officer that is a relative assured us there would be no problems with me, as I am not into anything even remotely illegal, and my name is not on anything.

Your thoughts please.

Thanks again for your thoughts.

I mentioned earlier that it would be an idea to have a person of standing with your wife this evening, would your police relative be prepared to get involved?

When your faced with a big dog, get a bigger dog.

My police relative is in one district. The landlord is a detective in another district, and I live in a different district from those. So, other than advice, I don’t know if he can help.

What do you think? Can he help?

#32 YipYipYa123

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Posted Yesterday, 23:57

View Postcoconutking, on Yesterday, 22:19 , said:

View Posttheblether, on Yesterday, 21:43 , said:

View Postcoconutking, on Yesterday, 21:28 , said:

Thank you for your response. My wife met with the landlord, who has offered us the key money back and an extra 100,000 Baht. At this point, we do not have the ability of negotiating with the chain store, which was a dream anyway. We contacted the previous owner, who is a good friend, and a relative who is also a police officer, and asked their opinion of the deal. Everyone said the same thing. “Tell this guy you want your profit money for the extent of the contract, plus key money.” That would be about 3.1 million Baht. He is currently offering 400,000 Baht. You can now see a bit of a pinch with us. The police officer that is a relative assured us there would be no problems with me, as I am not into anything even remotely illegal, and my name is not on anything.

Your thoughts please.

Thanks again for your thoughts.

I mentioned earlier that it would be an idea to have a person of standing with your wife this evening, would your police relative be prepared to get involved?

When your faced with a big dog, get a bigger dog.

My police relative is in one district. The landlord is a detective in another district, and I live in a different district from those. So, other than advice, I don’t know if he can help.

What do you think? Can he help?

i think this  is is more or less the outcome everyone expected ,he wants his keys back and hes prepared to throw you a 100k to forget about the 4 year contract
and you reckon that contract maybe worth 4 million give or take
how far you can push a person like this this is a delicate matter ,especially in thailand  given his rank as a mid rank detective   ( very signifigant) and yours as a farang  husband  (minute,nil )
i wish i could say differnt but i doubt youre ever going to get 4 million out of this guy ,i would schedule another meeting (bring your police  relation if possible )  and try and say gently that the original contract was worth more to you than 100k because bla bla bla and try and haggle a better settlement
that is as far as id push it ,hiring a lawyer and landing a lawsuit on him would be an expensive mistake( win/lose or draw) and i reckon he would see it as a declaration of war
if you pulled that kinda shit and his response could change life as you know it

With a respectable thai Onboard ,you may be able to haggle him to somewhere between 0.5- 1mil but i would probably forget the 4+ million idea if i was you

it would help if you knew how much he was gaining from the handover with the franchisee but youre never going to get near that information i think

#33 thaicbr

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Posted Today, 00:13

Your not being forced out of business your just relocating.  
Work out the costs for that ie key money, refitting, advertising etc then use that as a basis for negotiations.

Tell him you need time to find new premises at this point he may offer to help to get you out quickly.

Ask the family advice.  I have found that when I butt in things invariably get confused.:D
Good luck

Sent from my GT-P1010 using Thaivisa Connect App

Edited by thaicbr, Today, 00:14 .


#34 RubbaJohnny

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Posted Today, 01:42

Ask how you value you continuing to live in range

#35 theblether

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Posted Today, 02:17

View Postcoconutking, on Yesterday, 22:19 , said:

View Posttheblether, on Yesterday, 21:43 , said:

View Postcoconutking, on Yesterday, 21:28 , said:

Thank you for your response. My wife met with the landlord, who has offered us the key money back and an extra 100,000 Baht. At this point, we do not have the ability of negotiating with the chain store, which was a dream anyway. We contacted the previous owner, who is a good friend, and a relative who is also a police officer, and asked their opinion of the deal. Everyone said the same thing. “Tell this guy you want your profit money for the extent of the contract, plus key money.” That would be about 3.1 million Baht. He is currently offering 400,000 Baht. You can now see a bit of a pinch with us. The police officer that is a relative assured us there would be no problems with me, as I am not into anything even remotely illegal, and my name is not on anything.

Your thoughts please.

Thanks again for your thoughts.

I mentioned earlier that it would be an idea to have a person of standing with your wife this evening, would your police relative be prepared to get involved?

When your faced with a big dog, get a bigger dog.

My police relative is in one district. The landlord is a detective in another district, and I live in a different district from those. So, other than advice, I don’t know if he can help.

What do you think? Can he help?

That really is Thai family business, I'm certain he will be consulted again by family members. Leave it to them to sort out the internal politics.

You have to remember that the tom tom drums will be beating within the family, leave them alone to come up with a solution.

Your role just now is to be a bystander and watch your kids, just as your doing. It's far better to be that than to be a bull in a china shop.



#36 farang000999

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Posted Today, 06:57

I don't really understand how people can tell the OP that he deserves 46 months worth of expected profits to be bought out of a lease contract and do chain stores really overpay for rent by such a wide margin that the property owner would ever pay 3.1m baht? Over 46 months that is 67k a month.

#37 farang000999

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Posted Today, 07:05

I think you need to give us some information about the business to better access the dificulty in moving and the potential decreases in profit expectation from doing so.

#38 robblok

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Posted Today, 09:28

View Postfarang000999, on Today, 06:57 , said:

I don't really understand how people can tell the OP that he deserves 46 months worth of expected profits to be bought out of a lease contract and do chain stores really overpay for rent by such a wide margin that the property owner would ever pay 3.1m baht? Over 46 months that is 67k a month.

Nail.. head.

Guy just needs to get his key money back and some cost for advertising and relocating. Expecting future profits of 4 years is crazy. You are just moving not completely stopping.

#39 simon43

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Posted Today, 09:49

Quote

the landlord is probably going to buy you out of the deal


Being realistic, the 100k offer is the best you can hope for.  Forget about what the law says.  The police guy is no doubt going to make a big profit out of the deal with the big store and he surely is not going to let your demands get in his way or reduce his profit margin.

Suppose you refuse a deal unless you get all your key money and expected profits?  What will you do if 20 guys turn up in the night and physically throw you out of your building?  Go to Court??  You'll spend a whole load of money and time and worry on suing your landlord (and getting your damages from him).

Sorry to sound harsh, but I really don't think you can get in the way of a police guy and his potential money, regardless of how big his smile is...

Simon

Edited by simon43, Today, 09:49 .


#40 farang000999

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Posted Today, 10:19

well he was offered 400k not 100k

#41 theblether

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Posted Today, 10:30

View Postsimon43, on Today, 09:49 , said:

Quote

the landlord is probably going to buy you out of the deal


Being realistic, the 100k offer is the best you can hope for.  Forget about what the law says.  The police guy is no doubt going to make a big profit out of the deal with the big store and he surely is not going to let your demands get in his way or reduce his profit margin.

Suppose you refuse a deal unless you get all your key money and expected profits?  What will you do if 20 guys turn up in the night and physically throw you out of your building?  Go to Court??  You'll spend a whole load of money and time and worry on suing your landlord (and getting your damages from him).

Sorry to sound harsh, but I really don't think you can get in the way of a police guy and his potential money, regardless of how big his smile is...

Simon

I broadly agree with you Simon43, I have made it clear to the the OP that he must not be confrontational with the landlord, he will lose. Hence the spoonfull of sugar clip.

It turns out that the OP has a Thai police relative, big dog, bigger dog? Maybe, probably unlikely, however it's good news in the respect that there is someone of standing in the family.

The OP should leave it to the Thais in his family to sort it out. They'll be sounding out all possibilities and contacts. All the OP can do is be a supportive bystander.

#42 taninthai

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Posted Today, 10:43

I would not bring the other familly police officer into it high ranking people from one province do not like high ranking people coming from another province to interfere in their business I know a guy that tried this with immigration the immigration woman simply asked/told the guy from the other province to leave the table while disscussions were going on.

#43 farang000999

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Posted Today, 12:03

why not tell us about the business?

#44 YipYipYa123

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Posted 43 minutes ago

View Postfarang000999, on Today, 10:19 , said:

well he was offered 400k not 100k

yes ,but he paid 300k to get the keys and the 4 year contract
hes now being refunded that 300k and another  100k  basically as a GOODWILL GESTURE  to fuc_k off
so the landlord can sell to the multinational instead

#45 YipYipYa123

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Posted 35 minutes ago

Same thing happened my x-gf father in europe

he had a house worth 50-100k  and town planners  decided to build a new retail park behind it

anyway ,they needed to clear his house so they could make a entrance road to the new retail park ,

he stuck to his guns and told them hed lived there for 20 years and built the house with his bare hands etc and rejected the innitial offers

eventually ,he got a million quid to let them bulldoze it  (x 10-20 times the going rate for a property, big money way  back then ,around 20 years ago )

of course ,this situation is very differnt since the op doesnt own the land ,he just has a short lease entitling him to trade upon it so
he cant hang on like the old man did

#46 coconutking

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Posted A minute ago

Hello. In the OP I stated that “we think” a large chain is looking at our spot. None of this was mentioned at the meeting last night, only that he wanted to pay us, and have us leave. He has now told us, and everyone else, that he wants to add a floor to the building which may render our space useless during the construction, and that he “might” contact us after the construction is finished. Based on this information, which no one believes, the family is suggesting my wife cordially ask to remain, and we will put up with any inconvenious that the construction may bring. Even if we had to close for weeks or a few months. Two things can happen at this point: 1. He will go along with it, and end of problem. 2. He will have to come clean with what “we think” is really going on. And that, in itself can go a few directions. I want to leave this guy an out that he can be proud of, but I don’t know what that is. Losing the spot will also directly affect a second business we have, as we use this spot to advertise for the second business. That will cause us to lay off a few employees too.

Moving the location is really not an option, we have the perfect spot, and competition is high in any other area.
Family and friends have also pointed out that my connection to the business is so distant, that I should not worry about having any sort of an “accident.”. If that’s true, I still worry for my wife, who is pretty set on presenting the “we will deal with the construction” plan.

What do you think? Play stupid and just ask about staying during the construction, allowing him to determine the next move?

Take the 400 and run?

Negotiate for a little more, to cover some other real costs?

Something else???

Thanks for your time. I am grateful for all the responses.

Simon43: Your not being harsh. I need honest answers, and that is what you gave me. Thank you.
 



 


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